Singapore legislation
Section 41
Section 41
By-laws for regulation of subdivided building
(1)
Every subdivided building shown in a strata title plan shall be regulated by by-laws which shall provide for the control, management, administration, use and enjoyment of the lots and the common property.
(2)
The by-laws shall include the by-laws set out in the First Schedule which shall not be amended or revoked by the management corporation.
(3)
A management corporation may, under a special resolution, make by-laws, not inconsistent with the by-laws set out in the First Schedule, for regulating the control, management, administration, use and enjoyment of the subdivided building and the common property.
(4)
Without limiting the operation of any other provision of this Act, the by-laws for the time being in force bind the management corporation and the subsidiary proprietors and any mortgagee in possession (whether by himself or any other person), or lessee or occupier, of a lot or part thereof to the same extent as if the by-laws had been contained in properly executed agreements on the part of —
the management corporation with each subsidiary proprietor, mortgagee, lessee and occupier of a lot or part thereof, respectively; and
each subsidiary proprietor, mortgagee, lessee and occupier of a lot or part thereof with the subsidiary proprietor, mortgagee, lessee or occupier of the other lots in the same parcel,to observe and comply with all the by-laws.
(5)
A lease of a lot or part thereof shall be deemed to contain an agreement by the lessee that he will comply with the by-laws for the time being in force.
(6)
The management corporation shall —
keep a record of the by-laws in force from time to time;
display a copy of the by-laws in the First Schedule and any other by-laws made by the management corporation on a notice board maintained by the management corporation on the common property;
on receipt of an application in writing made by a subsidiary proprietor or by a person duly authorised to apply on behalf of a subsidiary proprietor for a copy of the by-laws which are in force, supply to such subsidiary proprietor or duly authorised person at a reasonable cost a copy of the by-laws; and
on the application of any person who satisfies the management corporation that he has a proper interest in so applying, make the by-laws available for his inspection.
(7)
No by-law shall be capable of operating —
to prohibit or restrict the devolution of a lot or a transfer, lease, mortgage or other dealing of a lot; or
to destroy or modify any easement expressly or impliedly created by or under this Act.
(8)
Without limiting the generality of any other provision of this section, a management corporation may —
with the consent in writing of the subsidiary proprietor of a lot, pursuant to a unanimous resolution, make a by-law in respect of that lot conferring on that subsidiary proprietor the exclusive use and enjoyment of, or special privileges in respect of, the common property or any part thereof upon such terms and conditions (including the proper maintaining and keeping in a state of good and serviceable repair of the common property or that part of the common property, as the case may be, and the payment of money by that subsidiary proprietor to the management corporation) as may be specified in the by-law; and
pursuant to a unanimous resolution, make a by-law amending, adding to or revoking any by-law made under this subsection.
(9)
Any by-law referred to in subsection (8) shall, while it remains in force, take effect as appurtenant to, and for the benefit of, the lot in respect of which it was made.
(10)
The subsidiary proprietor for the time being of a lot in respect of which a by-law referred to in subsection (8) is in force —
shall, subject to section 54(3), be liable to pay the management corporation any moneys referred to in the by-law in accordance with the by-law; and
shall, unless excused by the by-law, be responsible for the performance of the duties of the management corporation under section 48(1) in respect of the common property, or the part of the common property, to which the by-law relates.
(11)
Any moneys payable by a subsidiary proprietor to the management corporation under a by-law referred to in subsection (8) may be recovered as a debt by the management corporation in any court of competent jurisdiction.
(12)
A copy of every by-law made by the management corporation and every modification or amendment of any by-law for the time being in force, certified as a true copy under the seal of the management corporation, shall be lodged by the management corporation with the Commissioner within 30 days of the passing of the resolution by the management corporation approving the making of such by-law or any modification or amendment of any existing by-law.
(13)
Any by-law, and any modification or amendment of any existing by-law, made by the management corporation shall not come into force until a copy thereof has been lodged with the Commissioner.
(14)
The management corporation or the subsidiary proprietor, mortgagee in possession, lessee or occupier of a lot shall be entitled to apply to the court —
for an order to enforce the performance of or restrain the breach of any by-law by; or
to recover damages for any loss or injury to person or property arising out of the breach of any by-law from,any person bound to comply therewith, the management corporation or the managing agent.
(15)
The court may make such order against any such person, the management corporation or the members of its council, or the managing agent, as the court thinks fit.
(16)
Any person who commits a breach of any of the by-laws in Part II of the First Schedule or makes default in complying with any of those by-laws, and every subsidiary proprietor who is knowingly a party to the breach or default, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
(17)
In this section, “lease” includes a tenancy agreement.